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Nov, 2014

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  1. #1

    Default Section 21 expired, can the tenants just leave when they want?

    I served my tenants a section 21 notice which expired on 30th July and have applied to the court for possession via N5B. They have accepted the application and have duly processed it. The tenants have until 24th August to appeal. Thanks to Snorkerz for the help on the sec 21 wording/dates.

    The tenants did not move out on 31st July so save for the court granting possession order, what is the situation regarding them vacating on their own accord.
    Can they just leave as and when they please? Or can they tell me that they are leaving on the 20th Sept and I have to accept it (as they have done, though I did not accept it)? Or does the normal notice period apply and they have to give 1 calendar months notice, which would mean 29th Sept?

    I understand that mesne profit does not apply until after a court order has been issued, is this correct or is it better to categorise it as Mesne profit?
    Thanks , in advance!

  2. #2
    Join Date
    Dec 2010
    Posts
    619

    Default

    As the tenancy is still continuing the normal notice periods will apply.
    Disclaimer:

    The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

  3. #3
    Join Date
    Jan 2011
    Posts
    3,634

    Default

    s21 expiry does not end T, only allows you to seek repo sfter expiry.
    As bhaal states, until a dated Court repo order has been obtained, Ts are still required to serve due Notice to Quit, which will end the T on expiry.
    If s21 expired 30 July, why do you think Ts had only until 24 Aug to Appeal, if you have not yet applied to the Court?
    Ts can apply for 'stay' on any Order for up to 6 weeks.

  4. #4

    Default

    Quote Originally Posted by mariner View Post
    s21 expiry does not end T, only allows you to seek repo sfter expiry.
    As bhaal states, until a dated Court repo order has been obtained, Ts are still required to serve due Notice to Quit, which will end the T on expiry.
    If s21 expired 30 July, why do you think Ts had only until 24 Aug to Appeal, if you have not yet applied to the Court?
    Ts can apply for 'stay' on any Order for up to 6 weeks.
    thanks bhaal and mariner for your replies.
    I completed and sent of an N5B form on 2nd August, on 10th Aug I recevied a 'notice of serivce' from the court saying the tenant has 14 days to appeal from 10th August.

  5. #5
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    Okay, you don't have a possession order yet, and even if you did, the tenancy would remain in place until you either enforced it or the tenant surrenders the tenancy.

    If the tenants left under a court order, then they need give no notice, however, other than that, normal rules apply.

    Having said that, why would you want to place obstacles in the tenants path?

  6. #6
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by stuggots View Post
    I served my tenants a section 21 notice which expired on 30th July and have applied to the court for possession via N5B. They have accepted the application and have duly processed it. The tenants have until 24th August to appeal. Thanks to Snorkerz for the help on the sec 21 wording/dates.

    The tenants did not move out on 31st July so save for the court granting possession order, what is the situation regarding them vacating on their own accord.
    Can they just leave as and when they please? Or can they tell me that they are leaving on the 20th Sept and I have to accept it (as they have done, though I did not accept it)? Or does the normal notice period apply and they have to give 1 calendar months notice, which would mean 29th Sept?
    So, I'm guessing that the fixed term expired on 29th July 2012? Your notice expired the day after? Rent is payable monthly, so the tenancy periods of the statutory periodic tenancy run 30th - 29th of the month?

    A s.21 notice does not remove the T's obligation to serve notice to quit in a periodic tenancy. If the T wishes to end the tenancy he must give at least one month's notice, also expiring at the end of a tenancy period (which I'm guessing is 29th).

    However, you may accept a T's defective notice, e.g. one expiring 20th September, thus validating it. As you apparently want to regain possession, it would be easiest to accept the T's defective notice - so long as it's in writing, and so long as you acknowledge in writing that you accept it. I would not, however, discontinue possession proceedings until after getting vacant possession, because the T might decide not to move out on the 20th Sept.

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